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Full text of "Historical account of the family of Hay of Leys, &c. &c. &c"

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HISTORICAL ACCOUNT 



FAMILY 



OP 



HAY OF LEYS, 



Sfc. Sfc. 6fc. 




EDINBURGH : 

PRINTED BY JAMES SHAW, 23. THISTLE STREET. 



1832. 



INTRODUCTION. 



The origin of the ancient and noble family of Hay is exceedingly 
curious. In the reign of Kenneth III., A. D. 980, the Danes, who 
had invaded Scotland, having prevailed at the battle of Luncarty near 
Perth, were pursuing the flying Scots from the field, when a country 
man and his two sons appeared in a narrow pass through which the 
vanquished were hurrying, and impeded for a moment their flight. 
$ * What !' said the rustic, ' had you rather be slaughtered by your mer- 

* ciless foes, than die honourably in the field ? Come, rally, rally, — 
Is \ and he led them on, brandishing the yoke of his plough, and crying 

" ' out that help was at hand.' The Danes, believing that a fresh army 

was falling upon them, fled in confusion ; and the Scots thus recovered 
the laurel which they had lost, and freed their country from servitude. 
The country man's name was Hay, and he was afterwards brought 
to the King, who, assembling a Parliament at Scone, gave to him 
and his sons, as a joint reward for their valour, so much land on the 
river Tay, in the district or carse of Gowrie, as a falcon from a 
man's hand flew over till it settled, which, being six miles in length, 
was afterwards called Errol. The stone on which the falcon lighted 
is still to be seen in the carse of Gowrie, in a small village called 
Hawkstone, now belonging to Mr. Richardson of Pitfour ; and the 
King, being desirous to elevate Hay and his sons from their humble 
rank in life to the rank of nobility, his Majesty assigned them a coat 
of arms, which was three escutcheons gules, to intimate that the father 
and two sons had been the three fortunate shields of Scotland. The 
Earls of Errol also bear on their crest a falcon ; and their armorial 



supporters are two men in country habits, holding the yokes of a 
plough on their shoulders, with the motto ' Serva jugum,' in allusion 
to their origin. 

Leaving, however, the doubtfulness of tradition for the sounder evi- 
dence of history, it appears that the Earls of Errol and the Marquisses 
of Tweeddale claim a common ancestor in the person of William de la 
Haya, who settled in Mid-Lothian in the 12th century, and held the 
office of Pincerna Regis, or King's Butler, in the reigns of Malcolm 
IV. and William the Lion. From William, the elder son of this offi- 
cer, descended the Errol branch of the family, — from Robert, the 
younger, that of Tweeddale. 

Sir David de la Haya, son of the second William, had large pos- 
sessions in Perthshire ; and he obtained from King William the Lion 
a charter of the before-mentioned lands and barony of Errol in that 
county between the years 1189 and 1199. His younger son William 
is the ancestor of the family of Leys, from whom is descended the 
house of Kinnoull. Many individuals of the noble family of Hay dis- 
tinguished themselves in the military service of their country, and 
were in high estimation with their respective Sovereigns. 

William de Haya received from his brother Gilbert, the eldest son 
of Sir David, a grant of two carucates of land, besides twelve acres 
and an oxengate of land in Errol, called Leys, ' given for faithful 
' counsel and service willingly exercised by the said William to Gilbert 
' in times past,' conform to charter dated 7th June 1235, and which 
grant was confirmed by William Lord de Haya and Lord of Errol to 
Edmund Haya of Leys, the lineal descendant of the above-named 
William, on the 1st of April 1451. This Edmund was the sixth 
generation of the ancient house of Leys in a direct male line, and left 
two sons, — 

1. Edmund, his successor, who carried on the line of the family of 
Leys ; and, 2. Peter, progenitor of the Hays of Melginch, who after- 
wards became Earls of Kinnoull. It is thus perfectly clear and certain 
that the family of Kinnoull are descended directly from the family of 
Leys, and not from that of Errol, as has been sometimes insinuated 



or supposed. The Leys family had existed for upwards of two hun- 
dred years before the Melginch or Kinnoull branch commenced. It 
has been stated (certainly without any evidence) that Peter Hay, 
Edmund's second son, succeeded to the property of Melginch, now 
called Megginch, by marriage ; but the presumption is, that Megginch 
was a part of Leys ; — it is bounded partly by that property ; — it was 
a part of the barony of Errol ; and from the circumstance of Edmund 
having only two sons, the natural supposition is, that he left a part of 
his estates to Peter, while the principal part, and that bearing the 
name of Leys, went to Edmund, his eldest son. 

But to return to the Leys family : They appear to have descended 
in a direct male line to the present day. The estate of Leys is still 
in the possession of the family ; they are the only branch of the noble 
family of Hay that have retained their paternal property, and are in 
possession of the only part of the barony of Errol now belonging to 
the Hays. The present Earl of Errol having succeeded through fe- 
male succession, the present proprietor of Leys is now the male repre- 
sentative of the noble family of Hay. Several members of the family 
of Leys acted a conspicuous part at the Reformation, and were on 
friendly terms with the reformer Knox. 

The family of Leys have, for some hundred years, borne for a coat 
of arms three escutcheons gules and ermine; their crest being a 
country man holding the yoke of a plough over his shoulder, with 
the motto Primus e stirpe, — in allusion to their being the immediate 
younger branch of the noble family of Hay of Errol. 



ERROL BRANCH. 



No. I. 



William de Haya, who settled in Lothian at the end of the twelfth Cartalaries of 
century ; had the office of Pincerna Domini Regis (King's butler) during g f And £ews, 
the reigns of Malcolm IV. and William the Lion ; is witness to various 
charters of Malcolm, particularly to the Abbey of Scone. He died about 
1170. 

Married Juliana, daughter of Ranulph de Soulis, Lord of Liddesdale, 
by whom he had two sons — 

1. William de Haya of Errol, his successor. (No. II.) 

2. Robert de Haya, the second Son. Witnesses a charter confirming the liberties of Dur- Cart. Colding 

ham and Coldingham Abbeys, 1204. He was ancestor of the Tweeddale family. ham. 



(See Tree, Appendix A.) 



8 



No. II. 



Caledonia, 1. 538, 



Carta penes 
Errol. 

Cart. Couper, 
Crawford, 138. 



Cart, of St. 
Andrews, Cale- 
donia, 1. 539. 



Cart. Couper, 15. 
Cart. Couper, 16. 

Ibid. 

Ibid. 
Ibid. 



Sir William de Haya, the eldest son, succeeded his father, but not in 
his office of King's butler, which passed into the Soulis family. He ob- 
tained from William the Lion the manor of Herrol, now Errol, in 
Perthshire, erected into a barony, for the service of two soldiers, to which 
Hugh Bishop of St. Andrews is a witness, and which must have been 
granted between 1178 and 1188, the period that Bishop held the see. He 
granted to the Abbey of Couer the lands of Ederpolls for the salvation of 
Malcolm the King, Ranulphi de Soulis, avunculi sui, and ratified by William 
the Lion. He died towards the end of the twelfth century. 

He married Eva de Petenalin, with whom he obtained the lands of 
Petenalin, which he and Eva his wife gave to the Priory of St. Andrews, 
which was confirmed by their son David, and ratified by William the Lion. 
By her he had six sons — 

1. David de Hay, who succeeded biro. (No. III.) 

2. William de Hay, who granted to the Abbey of Couper — for the welfare of bis own 

soul, of his wife Ada, of William de Haya his father, and of Eva his mother all 

the lands he had obtained in the Carse from his brother David de Haya. 

3. John, who is designed Johannes de Haya de Ardnaughton in a donation made by him 

to Couper Abbey, with consent of Peter de Haya, his son, for the welfare of the soul 
of the deceased Juliana de Lascelles, his wife. This grant is witnessed by William de 
Haya his brother, and Gilbert de Haya his nephew, ancestor of the Hays of Naughton 
in Fife. 

4. Thomas de Haya, who made a donation to Couper Abbey for the salvation of the bouIs 

of King William, William de Haya his father, Eva his mother, and Ada his wife. 

5. Robert de Haya, witness to Thomas' grant. 

6. Malcolm de Haya, witness to his brother Thomas' grant. 



No. III. 



Carta penes 
Errol. 



Cart. Couper. 



Ibid. 



Carta penes 
Errol. 



David de Haya is designed son of William de Haya in a charter by 
William the Lion to him of the barony of Errol, to be held by him as 
freely as his father held the same, dated September 17, (year omitted) j but 
it must have been betwixt 1189 and 1199, the period in which Hugh Can- 
cellarius, one of the witnesses, held that office. He gave to the monks of 
Couper a fishing in Tay, with three acres of arable land, for the welfare of the 
souls of King William — William de Haya his father, himself, and Helen 
his wife, witnesses — Gilbert his eldest son and heir, and Malcolm and Robert 
his brothers. Enters into an agreement with the Abbot of Scone, about 
some disputed lands in Gowrie, 1237 f in which Gilbert his eldest son is 
mentioned j and Sir John Hay, knight, and Malcolm de Hay, are witnesses. 

Married Helen, daughter of Gilbert Earl of Strathern, and had two 
sons— 

1. Gilbert de Haya, who succeeded him. (No. IV.) 

2. William de Haya, ancestor of the Hays of Leys', now the male representative of the 

Hays of Errol. (No. XII.) 



9 



No. IV. 



Gilbert de Haya, the eldest son of David de Haya, (No. III.) De- 
signed Dominus de Errol in a donation made by him to Couper Abbey Penes Com. 
for the welfare of his soul, to which deed the seal of Nicholaus de Haya, e 
his eldest son, is appended. Is witness to a charter of Alexander III. to 
the Priory of St. Andrews, 1250-1. Regent of Scotland along with others, Dal. Annals, 
September 20. 1255 and 1258. L 184188 * 

Married N. N., a daughter of William dimming Earl of Buchan ; and by 
her he had two sons — 

1. Nicholas de Haya, who succeeded him. (No. V.) 

2. Sir John de Haya, witness to a charter of Alexander de Moravia, 1281. 



No. V. 



Nicholas de Haya, eldest son of Gilbert de Haya, ('No. IV.) was 
one of the Scotch nobles who became bound to acknowledge Margaret Foedera, II. 266. 
Princess of Norway, as their Sovereign in Parliament, at Scone, February 
5. 1283-4, — and one of those who consented to her marriage with Edward 
Prince of England at Brigham, July 18. 1290. One of the nominees on 
the part of Bruce. King John Baliol erected his lands of Errol, Inchyra, Penes Errol. 
Kilspynie, Dronlaw, Pethponts, Cassingray, and Fossy, in free warren, 
August 1. 1294. Swore fealty to Edward 1296. Died soon after, 1302. Nisbet, 2. 22. 

By his wife, whose name has not been discovered, he left four sons — 

1. Sir Gilbert de Haya, who succeeded him. (No. VI.) 

2. Nicholas, rector of Fossenib, and deacon of Dunkeld, 1324. 

3. Hugh, a companion of Robert Bruce. Dal. Annals, II. 

4. John, who witnessed a charter of his brother Gilbert to the Blackfriars of Perth, 1324. ^. 7. 



No. VI. 

Sir Gilbert de Haya of Errol, eldest son of Nicholas de Haya, (No. 
V.) succeeded his father ; joined Bruce in 1306, and continued faithful. 
In consideration of his services, King Robert gave the lands of Slaines in 
Aberdeenshire, and the office of Constable of Scotland. Designed Con- 
stable of Scotland in a letter to Philip of France, March 16. 1308-9, and 
in a donation by Bruce to Scone Abbey, 1313. The office was bestowed Cart. Scone, 
upon him heritably by a royal charter, November 12. 1314. He nobly Dip. Scotia, 
supported the independence of his country at the battle of Bannockburn, 



10 

where lie had the command of 1000 men. He subscribed the letter to the 
Pope, April 6. 1320. Died in 1330, and was buried at Couper. 
The name of his wife is not known. His issue were — 

1. Nicol, who witnessed his father's charter to the Blackfriars of Perth, and died before 

his father without issue. 

2. Sir David Hay of Errol, who succeeded him. (No. VII.) 



No. VII. 



Cart. Arb, 

Great Seal, 38. 

Dal. Annals, 
II. 240. 



Carta penes 
Errol. 



Sir David de Haya de Errol, son of Sir Gilbert, (No. VI.) succeeded 
his father as Constable of Scotland ; witnessed charters of David II. 1343-4. 
He fell at the battle of Durham, October 17. 1346. 

Married N. N., daughter and heir of Sir John Keith of Innerpeffer, by 
whom he had a son — 

Sir Thomas Hay of Errol, who succeeded hiro. (No. VIII.) 



Fosd. VI. 619. 

Robertson's 
Index. 



Penes Errol. 

Great Seal, 135. 
Penes Errol. 



No. VIII. 

Sir Thomas Hay of Errol, only son of Sir David de Haya de Errol, 
(No. VII.) was one of the Commissioners appointed to treat with the English 
for the ransom of David II. 1353, and was a hostage for his ransom 1354; 
acted as Constable of Scotland at the coronation of Robert II. at Scone, 
March 26. 1371, and next day took the oaths of homage to his Majesty, 
and swore to the Act of Settlement of the Crown, April 4. 1371 ; served heir 
to his grandfather, Sir John Keith of Innerpeffer, January 19- 1389-90; 
had a grant of Slaines, which Robert I. had given to the deceased Gilbert 
de Haya, 1376 ; and had all his lands erected into a free barony, June 30. 
1378. Died 1406. 



Reg. Mag. Sigilli, Married Elizabeth, third daughter of King Robert II. by his first wife 
115 - Elizabeth More, by whom he had two sons — 

1. Sir William Hay of Errol, who succeeded him. (No. IX.) 

2. Gilbert Hay of Dronlaw. 



No. IX. 



Sir William Hay of Errol, eldest son of Sir Thomas Hay of Errol, 
(No. VIII.) succeeded his father 1406. Constable of Scotland in a charter 
under the Great Seal, dated March 19. 1392-S, whereby King Robert III. 



11 

enters into an engagement not to ratify any alienations made by his father 
Thomas de Haya, without his consent and the King's Council. He is de- 
signed ' nepoti suo Willielmo de Hay, filio et ha?redi domini Thomae de 
Haya.' He got the barony of Cowie in Kincardine, on the resignation of Great Seal, B. 3. 
William Fraser of Philorth, May 14. 1415 ; knighted at the coronation of No> 63 - 
James I. Died 1436. 

Married Margaret, daughter of Sir Patrick Gray of Broxmouth, and by 
her had two sons — 

1. Gilbert Hay, who succeeded him. (No. X.) 

2. William Hav, ancestor of the Hays of Urie. 



No. X. 



Gilbert Hay, the eldest son of Sir William Hay of Errol, (No. IX.) Fcedera, 8. 736 ; 
went to England as a hostage for Murdoc, eldest son of the Duke of Al- 10 - 364 ; 10 - 525 - 
bany, 1412 ; one of the hostages for James I. 1424, — his revenue yearly 
being 800 merks ; designed ' Gilbert, eldest son and heir of William 
Constable of Scotland ;' died a hostage in England, 1426, before his father. 

Married Alicia, daughter of Sir William Hay of Yester ; she got a Carta penes 
safe conduct to go to her husband in England, and by her he had two sons — Tweeddale, Feed. 

1. William Hay, who succeeded. (No. IX.) 

2. Gilbert Hay of Urie. 



No. XI. 

William Hay of Errol, eldest son of Gilbert Hay, (No. X.) succeeded 
his grandfather 1436, and in 1446 obtained the patronage of the church of Penes Errol. 
Turriff in place of the church of Errol, which had been insidiously wrested 
from Sir William Hay of Errol, his grandfather. He, in 1452, granted a 
charter of the lands of Achmore to Sir David Hay of Yester, ' avunculo Penes Tweeddale. 
suo ;' created Earl of Errol March 17. 1452, and is so designed in his ac- 
ceptance of the resignation of the lands of Urie from his uncle William 
Hay in March 1453 ; one of the Commissioners in a treaty with England Feed. 11. 403. 
1457; and died soon afterwards. 

Married Beatrix, daughter of James Douglas third Lord Dalkeith, by 
whom he had issue, as expressed in the tree, (Appendix B.) which is 
brought down to the present time. 



12 



LEYS BRANCH. 



HAY OF LEYS. 



No. XII. 

William de Haya, second son of David de Haya of Errol and Helen 
de Strathern his wife, (No. III.) obtained a charter from Alexander III., 
Carta penes dated April 29. 1251, confirming a donation made by Gilbert de Haya, 

dominus de Errol, (No. IV.) to William de Haya his brother, of two caru- 
cates &c. of land in Errol called Leys, June 7- 1235, for faithful counsel 
and service willingly exercised by the said William to Gilbert in times 
Ibld - past. This grant was afterwards confirmed, in 1451, by William Earl of 

Errol (No. IX.) to Edmund Hay of Leys, (No. XVIII.) the lineal de- 
scendant of this William de Haya. 

The name of his wife has not been discovered, nor that of his son. 
N. N. de Haya de Leys succeeded him. (No. XIII.) 

N. B. — Tlie charter of confirmation in 1451, in favour of Edmund Hay of Leys, the sixth in 
descent from this William, completely establishes his being the lineal heir-male of this branch. 



No. XIII. 

N. N. de Haya de Leys was son of William de Hay, (No. XII.) the 
second son of David de Haya of Errol. 
His son was — 

Edmund de Haya del Leys, who succeeded him. (No. XIV.) 



XIV. 



Edmund de Haya del Leys, son of N. N. de Haya de Leys, (No. XIII.) and 
grandson of William de Haya first of Leys, (No. XII.) got a lease from 
the abbot and convent of Scone to himself and son William, in 1312, of the 
lands of Balgarvie. He witnessed a charter by his cousin Sir Gilbert, the 



13 

Constable of Scotland, to the Blackfriars of Perth, 1324, wherein he is 
styled Gilbert del Leys, burgess of Perth. He was a worthy patriot, and 
distinguished himself in favour of Robert I. in settling the independence 
of his country. 

William de Hay del Leys, his son, (No. XV.) succeeded him. 



No. XV. 



William de Haya del Leys, son of Edmund Hay of Leys, (No. XIV.) 
obtained, alongst with his father, a lease of the lands of Balgarvie from 
the abbot and convent of Scone. 

N. N. de Haya de Leys, his son, (No. XVI.) succeeded him. 



No. XVI. 

N. N. de Haya de Leys, son of William de Haya del Leys, (No. XV.) 
N. N. de Haya de Leys, his son, (No. XVII.) succeeded him. 

No. XVII. 



N. N. de Haya of Leys, son of N. N. de Haya of Leys, (No. XVI.) 
and who was grandson of William de Haya del Leys, (No. XV.) who got 
a lease from Scone in 1312. 

Edmund Hay of Leys, his son, (No. XVIII.) succeeded him. 



No. XVIII. 



Edmund Hay of Leys, son of N. N. de Haya of Leys, (No. XVII.) 
obtained, in April 1. 1451, from William Earl of Errol, Constable of Scot- 
land, a charter of confirmation of two carucates of land granted, in 1235, 
by Gilbert de Haya, the Earl's ancestor, to William de Haya, (No. XII.) 
ancestor of the family of Leys, and brother-german of Gilbert, (No. IV.) 
Charter 1235, confirmed 1451. 

He had issue two sons — 

1. Edmund Hay of Leys, his successor. No. XIX.) 

2. Peter of Melginch. (No. XXXVII.) 



14 



No. XIX. 

Edmund Hay of Leys, eldest son of Edmund Hay of Leys, (No. XVIII.) 
who got the confirmation from William Earl of Errol 1451, wherein he is 
designed the Earl's cousin ; and had sasine of Leys 1496, wherein he is 
styled son and apparent heir of Edmund Hay of Leys, (No. XVIII.) 

He had issue four sons — 

1. Peter Hay of Leys, (No. XX.) who died before his father. 

2. Patrick Hay of Leys, who succeeded. (No. XXI.) 

3. Walter Hay, mentioned in charter 1496. 

4. Thomas Hay, also mentioned 1496. 



No. XX. 

Peter Hay of Leys, eldest son of Edmund Hay of Leys, (No. XIX.) 
William Earl of Errol, upon November 8. 1496, grants a charter of the 
lands of Leys to his cousin Peter Hay, son and heir of Edmund Hay of 
Leys, and the heirs-male of his body ; whom failing, to Patrick Hay, Walter 
Hay, and Thomas Hay, brothers-german of the said Peter ; whom failing, to 
William Hay, brother-german to the said Edmund. Sasine thereon No- 
vember 15. 1496 ; has a new charter of Leys to the same series of heirs 

viz. his brothers j then, failing them, to Edmund Hay of Melginch, (No. 
XXXVIII) ; whom failing, to William, brother to Edmund Hay. 

Peter died without issue, and was succeeded by his brother Patrick Hay 
of Leys. (No. XXI.) 



No. XXL 

Patrick Hay of Leys, second son of Edmund Hay of Leys, (No. XIX.) 
succeeded his brother Peter, (No. XX.) and also to his father Edmund, 
January 31. 1497- 

Married Elizabeth Moncrieff, daughter of John Moncrieffof Moncrieff, 
who got a charter, 1498, of half the lands of Leys, wherein she is designed 
spouse of Patrick Hay of Leys, and by whom he had — 

Edmund Hay, his successor. (No. XXII.) 



15 
No. XXII. 

Edmund Hay of Leys, eldest son of Patrick Hay of Leys, (No. XXL) 
who had a charter, as heir to his father, upon a precept of clare constat, 
March 18. and 20. 1513 ; sasine thereon 1541. 

Married Elizabeth Durham, who, as his spouse, was infeftin Leys 1522, 
by whom he had two sons — 

1. Patrick Hay of Leys, who succeeded. (No. XXIII.) 

2. N. N. Hay. (No. XXIV.) 



No. XXIII. 

Patrick Hay of Leys, eldest son of Edmund Hay of Leys, (No. XXII.) 
succeeded his father, and dying without issue male, his estate went to his 
nephew George, (No. XXV.) Charters 1541 ; precept and sasine, 1543, 
as heir to his brother Edmund ; charter of renunciation 1577. 

He left only one daughter, Margaret Hay, who, as heir of line, rnounced 
her succession to the lands of Leys in favour of John Hay of Leys, (No. 
XXVI.) her cousin and heir of tailzie, 1577- 

George Hay of Leys, (No. XXX.) his nephew, succeeded to the estate as heir-male. 



No. XXIV. 



N. N. Hay, brother-german of Patrick Hay of Leys, (No. XXIII.) and 
second son of Edmund Hay of Leys, (No. XXII.) 
He had issue two sons — 

1. George Hay of Leys, his successor, (No. XXV.) who also succeeded to his uncle Patrick. 

(No. XXIII.) 

2. Edmund Hay of Nether Leys died without issue, and was succeeded by his nephew 

John Hay of Leys. (No. XXV.) 



No. XXV. 

George Hay of Leys, eldest son of N. N. Hay of Leys, (No. XXIV.) 
who was second son of Edmund Hay of Leys, (No. XXII.) succeeded his 
uncle Patrick Hay of Leys, (No. XXIII.) as heir of tailzie upon a precept 
of clare constat ; sasine 1543. 

He had issue only one son — 

John Hay of Leys, his successor. (No. XXVI.) 



16 
No. XXVI. 

John Hay of Leys, only son of George Hay of Leys, (No. XXV.) suc- 
ceeded his father in the lands of Leys, and his uncle Edmund in Nether 
Leys. His cousin Margaret Hay, daughter and heir of line of Patrick 
Hay of Leys, (No. XXIII.) renounced her right to the lands of Leys, in 
his favour, as heir-male and tailzie, 157?. He also had a tack of the teind- 
sheaves of Leys, 1584. Sasines 1549, 1553, 1577, 1586. 

He married, and left issue two sons — 

1. Peter Hay of Leys, who succeeded. (No. XXVII.) 

2. George Hay, parson of Turriff, who witnesses a tack of teimls 1585. 



No. XXVII. 

Peter Hay of Leys, eldest son of John Hay of Leys, (No. XXVI.) suc- 
ceeded his father, and appears in his father's tack of the teinds of Over and 
Nether Leys 1584. Sasines, 1586, of Over and Nether Leys, as heir to his 
father John Hay of Leys. (No. XXVI. J 

He had an only son — 

Peter Hay of Leys, who succeeded him. (No XXVIII.) 



No. XXVIII. 

Peter Hay of Leys, only son of Peter Hay of Leys, (No. XXVII.) 
has a sasine of the lands of Leys, as heir to his deceased father Peter, 
and styled ' an honourable youth,' 1611 j has a charter of the teind-sheaves 
from the King, 1638. March 19. 1644, he conveys the lands of Leys to his 
eldest son Peter in marriage with Joan Gray. 

He left issue two sons — 

1. Peter Hay of Leys, who succeeded. (No. XXIX.) 

2. John Hay, mentioned in a bond of provision, 1680, by Catherine Blair, wife of Peter Hay 

of Leys, (No. XXX.) renouncing an annuity over Leys in favour of John Hay, uncle 
to Peter by the father's side. 



No. XXIX. 

Peter Hay of Leys, eldest son of Peter Hay of Leys, (No. XXVIII.) 
has a charter of the lands of Leys upon his marriage in 1644. He is a 



17 

party contractor with his son Peter Hay, and Catherine Blair his future 
spouse, 1671- 

Married Joan Gray, daughter of John Gray of Ballygerno, by whom he 
had — 

1. Peter Hay of Leys. (No. XXX.) 

2. Mary, who married James Balfour, Esq. of Randerston, and had issue an only daughter 

Mary, who became her father's heir ; and marrying her cousin-german George Hay, 
Esq. of Leys, carried the property of Randerston into that family. (See No. XL VI.) 



No. XXX. 

Peter Hay of Leys, only son of Peter Hay of Leys, (No. XXIX.) re- 
ceived a grant of the lands of Leys from his father upon his marriage 1671 ; 
and in 1698 he obtained a decree of transumpt as heir to his grandfather, 
upon which David Earl of Southesk resigned the lands of West Leys in 
his favour. Died 1712; sasines 1671 ; resignation 1698. 

Married Catherine Blair, daughter and heiress of James Blair of New- 
bigging, (No. XLV.) by whom he had — 

1. George Hay Balfour of Leys, his successor. (No. XXXI.) 

2. James Hay, born 1688, who died young. 

3. James Hay, merchant, Dundee, was born 1694, and is named in an instrument of resign- 

ation by David Hay Balfour of Leys, June 10. 1758. He married, and had issue, 
whose descendants still reside in Dundee. 

1. Jean Hay, born 1684. 

2. Margaret Hay, bom 1686. 

3. Mary Hay, born 1689. 

4. Ann Hay, born 1691. 

5. Catherine Hay, born 1697- 



No. XXXI. 

George Hay Balfour of Leys, eldest son of Peter Hay of Leys, (No. 
XXX.) born 1682 ; succeeded his father in the lands of Leys ; precept of 
clare constat 1712. 

Married Mary Balfour, his cousin-german, daughter of James Balfour 
of Randerston, (No. XLVI.) by whom he had — 

1. Peter Hay, who succeeded. (No. XXXII.) 

1. Mary Hay, born 1715. Died young. 

2. Catherine Hay, born 1723. Married George Clephan, Esq. of Carelogie. 

3. Mary Hay, born 1727, married Sir Robert Gordon of Gordonstoun. 

4. Elizabeth Hay, born 1729, married N. N. Sinclair, Esq. 



18 



No. XXXII. 

Peter Hay of Leys, eldest son of George Hay Balfour of Leys, (No. 
XXXI.) born 1717. obtained the estate of Leys, upon his marriage, 1739 ; 
served heir to his father 1752 ; contract 1739 ; retour 1752. 

Married Elizabeth Scott, daughter of David Scott of Scotstarvet, 1739, 
(No. XLVII.) by whom he had— 

1. David Hay Balfour, who succeeded. (XXXIII.) 

2. John Hay Balfour, who became his brother's heir. 

1. Lucy Hay, born 1740, died young. 

2. Mary Hay, born 1741, died young. 

3. Lindsay Hay, born 1743, married John Dalziel, Esq. of Lingo, and had issue. 

4. Catherine Hay, who married Henry Butter, Esq. of Pitlochrie, and had issue. 

5. Elizabeth Hay, who married Peter Stewart, Esq. of Collarnie, and had issue. 

6. Lucy Hay, born 1755, married Patrick Moncrieff, Esq. of Reidie, eldest son of Colonel 

George Moncrieff of Reidie and Mrs. Helen Skene, (No. XL VIII.) and had issue. 

7. and 8. Petty Hay and Janet Hay, twins. In consequence of the death of their 

father previous to the birth, Robert Hay, merchant, Dundee, cousin-german, became 
sponsor. They both died young. 



No. XXXIII. 

David Hay Balfour of Leys and Randerston, eldest son of Peter Hay 
of Leys, (No. XXXII.) was served heir to his father in the lands of Leys 
1757, and served heir to his great-grandfather, James Balfour of Ran- 
derston, in 1757. Died, without issue, I76O. Retour 1757 and 1759 ; 
sasine 1759- The retour narrates that David Hay Balfour of Leys and 
Randerston is eldest son and heir of the deceased Peter Hay of Leys and 
Elizabeth Scott his wife (No. XXXII.) under a contract of marriage, to 
which contract George Hay of Leys (No. XXXI.) is a party; and by 
the contract, failing heirs-male of the said Peter, certain lands were to 
go to James Hay, merchant in Dundee, brother-german of the said George, 
(No. XXXI.) In October 14. 1757> a precept was obtained from Chancery 
to infeft him as heir of James Balfour of Randerston, his grandfather by 
the mother's side, upon which sasine was taken November 5. 1757- 

Succeeded by his brother, John Hay Balfour of Leys. 



19 



No. XXXIV. 

John Hay Balfour of Leys, second and only surviving son of Peter 
Hay of Leys, (No. XXXII.) succeeded his brother David Hay Balfour of 
Leys and Randerston, (No. XXXIII.) ; served heir ; retour 1759 ; sasine 
1762. 

Married Catherine Moncrieff, daughter of Colonel George Moncrieffof 
Reidie, in 1777, (No. XLVIII.) by whom he had — 

1. David Balfour Hay. (No. XXXV.) 

2. Captain Peter Hay. (No. XXXVI.) 

3. Jane Hay, who married James Paterson, Esq. of Carpow, and has issue. 



No. XXXV. 

David Balfour Hay of Leys and Randerston, eldest son of John Hay 
Balfour of Leys and Randerston and Catherine Moncrieff, (No. XXXIV.) 
succeeded his father. Charters 1791 ; sasine 1792 j and is the male re- 
presentative of the noble family of Hay of Errol. 



No. XXXVI. 

Captain Peter Hay, second son of John Hay Balfour of Leys and Ran- 
derston and Catherine Moncreiff, (No. XXXIV.) late of the 18th Dra- 
goons. 



20 



MELGINCH BRANCH. 



No. XXXVII. 

The first of this family was Peter Hay, second son of Edmund Hay of 
Leys, (No. XVIII.) who obtained a charter of confirmation in 1451, from 
William Earl of Enrol, of two carucates of land originally granted, in 1235 

Douglas Peerage by Gilbeft de Haya ° f Em)1 t0 his brother William de Ha ya, the ancestor 

481. ' ° ' of the Leys family, (No. XII.) He lived in the reign of James III., and 

was the first baron of Melginch of the name of Hay, and is designed in 

Macfarlane's Coll. authentic writs> « secon( j SQn of Edmund f Leys.' 

By his spouse, whose name has not been discovered, he had two sons 

1. Edmund Hay of Melginch, his successor. (No. XXXVIII.) 

2. William Hay of Lochley, mentioned with his brother Edmund in Leys entail 1496. 



No. XXXVIII. 



Edmund Hay of Melginch, eldest son of Peter Hay of Melginch, (No. 
Douglas Peerage, XXXVII.) is mentioned, in the entail of the estate of Leys by Peter Hay 



Charter penes 
Leys. 



of Leys, as next heir immediately after his own brothers, 
reign of James IV. Charters 1496. 
He had issue a son — 

Peter Hay of Melginch, his successor. (No. XXXIX.) 



He lived in the 



No. XXXIX. 



Peter Hay of Melginch, eldest son of Edmund Hay, (No. XXXVIII.) 
3] re 65 Seal B °° k ' had a charter of the lands of Inchconnane in Perthshire to himself and 
Margaret Crichton his wife, and Peter Hay their son, and Margaret his 
wife, 1555. 



21 

Married Margaret, daughter of Crichton of lluthven, and had issue — 

1. Peter, their eldest son, who succeeded. (No. XL.) 

2. Sir James Hay of Fingask. 

3. Edmund Hay, Professor of Scots Law at Douay. 

1. Catherine married, 1st. Robert Moncur of Balumby ; 2d. George Drummond of 

Blair. 

2. Janet married Sir Patrick Murray of Auchteityre. 



No. XL 

Peter Hay of Melginch, eldest son of Peter Hay, (No. XXXIX.) had Great Seal Book, 
a charter of the church lands of Errol in favour of himself and Margaret 32 - 90 - 
Ogilvie his wife, December 19. 1569. 

Married Margaret Ogilvie, daughter of Sir Patrick Ogilvie of Inch- 
martin, by whom he had — 

1. Patrick Hay, who succeeded. (XLI.) 

2. Sir George of Kinfauns. (XLII.) 

3. Peter of Kirklands of Melginch, from whom the present Earls of Kinnoull are 

descended. (No. XLIV.) 



No. XLI. 

Patrick Hay of Melginch, eldest son of Peter Hay of Melginch, and 
Margaret Ogilvie his wife, (No. XL.) was ancestor of the Hays of 
Pitfour, Seggieden, Newhall, and whose genealogy is inserted in Douglas' 
Baronage, p. 481-483, and goes on thus : — 

(See Tree, Appendix C.) 



22 



K1NN0ULL BRANCH. 



No. XLII. 



Wood's Peerage, 
1.46. 

Ibid. 



Sir George Hay, second son of Peter Hay of Melginch, (No. XL.) was 
created Lord High Chancellor of Scotland July 16. 1622; created a Peer, 
by the title of Earl of Kinnoull, 1633 ; and died 16S3. 

Married Margaret Halyburton, daughter of Sir James Halyburton of 
Pitcur, and by her had two sons — 

1. Sir Peter Hay, who died without issue. 

2. George, second Earl of Kinnoull. (No. XLIII.) 



No. XLIII. 



Ibid, 47- 



George, 2d Earl of Kinnoull, succeeded his father (No. XLII.) in 
1633 ; died in 1644. His descent stands thus: — 



GEORGE, '2d Earl of 
Kinnoull. 



Lady Ann Douglas, eldest 
daughter of William, 7th 
Earl of Morton. 



William, 3d Earl of 
Kinnoull. 



Catherine, daughter of 
Charles Cecil, Viscount 
Cranborne. 



i George Hay, 4th Earl of 
Kinnoull. No issue. 



William Hay, 5th Earl of 
Kinnoull, who died un- 
married in 1709. 



And the title, being limited to heirs-male, went to Peter Hay of Kirk- 
lands of Melginch, brother of the first Earl. 



23 



No. XLIV. 



Peter Hay, 3d son of Peter Hay of Melginch (No. XL.) and Margaret Ogilvie his wife, and 
had issue, Francis Hay of Balhousie, whose descent stands thus : — 



Francis Hay of 
Balhousie. 



Margaret, daughter of 
James Oliphant of Ba- 
chelton. 



George Hay of 
Balhousie. 



Marion, daughter of Sir 
Thomas Nicholson of 
Carnock. 



Thomas Hay of Balhousie, 
6th Earl of Kinnoull. 



Elizabeth, only daughter 
of Wm. Drummond, 1st 
Viscount of Strathallan. 



1 








George, 7th Earl of 
Kinnoull. 






Abigail Harley, daughter 
of Robert, Earl of Ox- 
ford. 











Thomas, 8th Earl of 
Kinnoull. 



1 






Robert Hay, Arch- 
bishop of York. 






Henrietta, heiress of 
Peter Auriol. 











1 










Robert Auriol Hay Drum- 
mond, 9th Earl of Kinnoull. 






Sarah, daughter of Sir Thomas 
Hartley, brother of Earl of 
Oxford. 
















Thomas, 10th Earl 
of Kinnoull. 





INTERMARRIAGES WITH THE LEYS' FAMILY. 



BLAIR BRANCH. 



No. XLV. 



JAMES BLAIR of 








Ofii 






Newbigging. 
































Peter Hay of Leys, 














(N 


o. XXX.) 



24 



BALFOUR BRANCH. 



No. XLVI, 



JOHN BALFOUR of 

Balgarvie. 



James Balfour of 
Denmill. 



John Balfour of 






Christian 
of Petei 


Sibbald, daughter 


Denraill. 






keillor. 
















Patrick Balfour of 

Deiimill. 





Alexander Balfour of 
Denmill. 



Sir Michael Balfour 
of Denmill. 



Jane Durham, daughter 
of James Durham of 
Pitkenow. 



Sir David Balfour of 
Forrett. 



James Balfour of 
Randerston. 



Mary Hay, only daughter 
of Peter Hav of Leys, 
(No. XXIX.) 



Maky Balfour. 



George Hay Balfour 
of Leys. 



25 



SCOTT OF SCOTTSTARVIT. 



No. XLVII. 



Sir DAVID SCOTT of 
Buccleuch. 



Janet Stewart, daughter 
of Alex. Lord Darnley. 



David Scott, ancestor of 
Buccleuch. 



Robert Scott of Allanhaugh 
and Whitchester. 



Sir Alexander Scott. 



Robert Scott of 
Knightspollie. 






Elizabeth Scot, mother 
of Sir Wm. of Ardross. 






















Robert Scott of 
Knightspollie. 




Margaret, daughter of 
Alexander Aitchison of 
of Gosford. 





















1 






Sir John Scott of 




Ann Drummond, daughter 
of Sir John Drummond 
of Hawthornden. 


Scottstarvit. 


1 




| 





Sir James Scott of 
Scottstarvit. 



Marjory Carnegie, daughter 
of John Earl of Ethie and 
Northesk. 



Sir David Scott of 
Scottstarvit. 



Elizabeth, daughter of 
John Ellis of Elliston. 



David Scott of 
Scottstarvit. 



Lucy, daughter of Sir Ro- 
bert Gordon of Gordon- 
ston. 



Elizabeth Scott. 




Peter Hay of Levs, 
(No. XXXII.) ' 





26 



MONCRIEFF BRANCH. 



No. XLVIII. 



Lucy Hav, daughter 
of Peter Hay of 
Leys and Elizabeth 
Scott. (No. 32.) 



Colonel GEORGE MON- 
CRIEFF of Reidie. 












Patrick Moncrieff 

of Reidie. 





Helen Skene of Hall- 
yards. 



Catherine Moncrieff. 




John Hay Balfour of 

Leys and Randerston. 






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Nicolas, 2 
died with 



Elizabeth, youngest daugh- 
ter of William, 1st Lord 
Ruthven. 






William H 
of E 
















William Hay, 5th Earl 
of Errol. 


— 












Jane 











Eliz. Douglas, daughter 
of William Earl of 
Morton. 




Fran 


















William Hay, 9th Ear 
of Errol. 



GlLBEB 

ofEr 
out is 



Charles, 12th 
Errol, died unm 



George, 14th Earl, who 
died without issue. 



Sir Pete 
whose 



Jean Hay, daughter o 
Andrew Hay of Keilli 



1st mg 



Mary Hay of Ross. 



John Hay of Pitfoi 






James Hay of 
Pitfour. 



Elizabeth, daugl 
George Gordon < 
inglassie. 



John Hay of 

Pitfour. 



Agnes, 
Patri 
Balfc 



Alexander Hay.